MEXICO Law and Practice Contributed by: Jorge Asali, Omar Colomé, Rodrigo Macin and Saul Fonseca, Bufete Asali
10.2 Types of Remedies There are no express statutory limits on the types of remedies an arbitral tribunal may award under Mexi - can law. In principle, the tribunal may grant the same types of remedies that a court could, including dam - ages, specific performance, rectification, or injunctive relief – provided that such remedies are not contrary to public policy and that the dispute is arbitrable. That said, party autonomy plays a central role: if the parties have contractually excluded certain remedies (such as punitive damages, which are generally not recognised under Mexican law), the tribunal must respect those limitations. In any case, an award granting non-arbitrable rem - edies or remedies that contravene Mexican public policy could be set aside or refused recognition or enforcement under the grounds listed in Articles 1457 and 1462 of the Mexican Commerce Code (based on Articles V(2)(a) and (b) of the New York Convention). 10.3 Recovering Interest and Legal Costs Under Mexican law, parties are entitled to recover interest and legal costs, subject to the terms of the arbitration agreement and the discretion of the arbitral tribunal. Legal Basis Articles 1452 to 1455 of the Mexican Commerce Code govern the allocation of costs in arbitration. These provisions mirror the “costs follow the event” princi - ple but also give the tribunal broad discretion to adapt that principle based on the circumstances. • Article 1452 allows the parties to agree on cost allocation rules directly or by reference to institu - tional rules. • Article 1453 provides that the arbitral tribunal must include the costs in the award. • Article 1455 establishes a default rule: costs should be borne by the losing party, but the tribunal may allocate them differently if it finds it reasonable to do so, based on the conduct of the parties, the complexity of the case, or other relevant factors. Legal Costs and Interest The tribunal is empowered to award:
gations on the parties, arbitrators, or any other partici - pants in arbitration by default. As a result, disclosure of pleadings, documents, or even the award is not prohibited under national law, unless the parties have agreed otherwise. In practice, however, confidentiality is commonly agreed upon by the parties – either through explicit clauses in the arbitration agreement or by adopting institutional rules that include confidentiality provi - sions. Arbitrators may also issue confidentiality orders when authorised by the parties or applicable rules. As for disclosure in subsequent proceedings, such as enforcement or annulment actions before national courts, certain information from the arbitration may become part of the public record, particularly when attached to judicial filings. Nevertheless, Mexican courts may take measures to protect sensitive infor - mation when appropriate. In short, unless confidentiality is contractually agreed or provided for by the applicable arbitral rules, arbitral proceedings in Mexico are not inherently confidential. Arbitral awards must meet certain formal requirements under Article 1448 of the Mexican Commerce Code. Specifically, the award must: • be in writing; • be signed by the arbitrator(s); in proceedings with more than one arbitrator, the signatures of the majority will suffice, provided the reasons for any missing signatures are explained; • include the reasoning or grounds for the decision, unless the parties have agreed otherwise or the award is rendered in the form of a settlement under Article 1447; • state the date and the place of arbitration, which is deemed to be the official place of the award pursu - ant to Article 1436; and • be notified to the parties by delivering a signed copy in accordance with the above rules. 10. The Award 10.1 Legal Requirements
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